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Home My WebLink About21525 - RESOLUTIONS - 3/1/2006 RESOLUTION NO. 21525 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A RULE 20A UTILITY UNDERGROUNDING DISTRICT ON THE WEST SIDE OF SUNRISE WAY FROM EAST PALM CANYON DRIVE TO SUNNY DUNES ROAD. WHEREAS, by Resolution No. 21516 a public hearing was called for March 1, 2006, at 6:00 p.m. at City Council Chamber in City Hall located at 3200 East Tahquitz Canyon Way, Palm Springs, California to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service in the area on the west side of Sunrise Way from East Palm Canyon Drive to Sunny Dunes Road; and WHEREAS, a notice of such hearing has been given to all affected property owners as shown on the last equalized assessment role and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing has been duly and regularly held, and all persons have been given an opportunity to be heard. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. THE CITY COUNCIL FINDS AND DETERMINES that the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service for the west side of Sunrise Way from East Palm Canyon Drive to Sunny Dunes Road as depicted on attached District Boundary Map, the boundaries of which are described on the attached legal description, both of which are hereby referred to and made a part of as fully as if it were set out at length herein. Section 2. City Council further finds that; a) the street right-of-way is extensively used by the general public and carries a heavy volume of vehicular traffic and b) the street is considered a major thoroughfare on the City's General Plan. Section 3. That service laterals shall be financed through the Rule 20A Underground Utility District Funds and that Staff is directed to begin the process of calling all existing covenants for utility undergrounding currently recorded against properties within this proposed District. ' Section 4. That all poles, overhead wires and associated structures shall be removed and underground installations made in said underground utility district within the following times; 1) underground installation by utility companies and reconnections not later than Resolution No. 21525 Page 2 February 2008. 2) removal of poles, overhead wires and other associated structures not later than February 2009. ' Section 5. DEFINITIONS; Whenever in this Resolution the words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions: a) "Commission" shall mean the Public Utilities Commission of the State of California b) "Underground Utility District' or "District' shall mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited pursuant to the provisions of this Resolution. c) 'Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees. d) 'Poles, overhead wires and associated overhead structures" shall mean poles, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a district and used or useful in supplying electric, communication or similar associated service. e) "Utility" shall include all persons or entities supplying electric, communication or ' similar associated service by means of electrical materials or devices. f) "Non-Utility" shall include all persons or entities supplying communication, T.V. cable or similar associated service by means of cable materials or devices. Section 6. UNLAWFUL ACTS, Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures, it shall be unlawful for any person or utility or erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the District after the date when said overhead facilities are required to be removed by such Resolution. Section 7. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES, Notwithstanding the provisions of this Resolution, overhead facilities may be installed and maintained for a period not to exceed ten (10) days, without authority of the City Engineer in order to provide emergency service. The City Engineer may grant special permission, on such terms as the City Engineer may deem appropriate, in cases of unusual circumstances, without discrimination as to any reason or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. Section 8. OTHER EXCEPTIONS, The following are exempted: ' Resolution No. 21525 Page 3 a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer b) Poles, or electroliers used exclusively for street lighting. c) Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. f) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services. g) Equipment appurtenant to underground facilities, such as surface mounted equipment, pedestal mounted terminal boxes, transformers, switches, and meter cabinets, and concealed ducts. h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. Section 9 NOTICE OF PROPERTY OWNERS AND UTILITY COMPANIES, Within ten (10) days after the effective date of a resolution adopted pursuant to Section 1, hereof, the City Engineer shall notify all affected utilities and all persons owning real property within the District created by said Resolution of the adoption thereof. Notification shall be made by mailing a copy of the Resolution to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Section 10 RESPONSIBILITY OF UTILITY COMPANIES, If underground construction is necessary to provide utility service within a District created by this Resolution, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission. Section 11 RESPONSIBILITY OF CITY, City shall remove, at its own expense, all City- owned equipment (if any) from all poles required to be removed thereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in Resolution No. 21525 Page 4 this Resolution. The City shall waive all permit fees, and study costs required by this project. ' Section 12 EXTENSION OF TIME, In the event that any act required by this Resolution thereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. Section 13 PENALTY, It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Resolution. It is a misdemeanor to violate any provision of this Resolution or fail to comply with any of its requirements. ADOPTED this 1 st, day of March, 2006. David H. Ready, City M ATTEST: ,l. Ja' es Thompson, City Clerk CERTIFICATION (� STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California hereby certify that Resolution No. 21525 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the city of Palm Springs, California on March 1, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: None ABSTAIN: None es Thompson, City CI rk ' ity of Palm Springs, California Jrn Sa TCA al LU CA 03 20 ci �:Z5a CO r . 04111 . G 8 G 1—�mwlws gzwm 777* %r3